Elizabeth J. Boddy | Taft Stettinius & Hollister Owners of property encumbered by a mechanics lien often find themselves in violation of loan covenants and under pressure from their lenders. Liens are also a significant hindrance to the sale of the property to an otherwise willing buyer. How best to deal with a mechanics lien… Continue reading A Practical Approach to Resolving Mechanics Liens in Illinois: Just Deal With It.
Category: Mechanics Lien Rights
Want to Foreclose a Mechanics Lien? Get Your Invoices Straight.
John Lande | Dickinson, Mackaman, Tyler & Hagen Construction disputes can be complicated. There are often disputes between the parties about the quality of work and the amount that is due. Many contractors rely on mechanics’ liens as leverage to try to get their final payment. A case from the Iowa Court of Appeals suggests… Continue reading Want to Foreclose a Mechanics Lien? Get Your Invoices Straight.
Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Derek M. Andre, Darren G. Rowles and William E. Burnett | Smith Gambrell & Russell | November 15, 2019 A recent decision by the Georgia Court of Appeals will force most construction professionals to radically change their view of the scope and effect of statutory lien waivers in the state of Georgia. In ALA Construction Services,… Continue reading Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Condominium Mechanic’s Liens
R. Thomas Dunn | Pierce Atwood | October 29, 2019 Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium. What did you improve? When assessing your rights under the applicable mechanic’s… Continue reading Condominium Mechanic’s Liens
Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value
Scott R. Murphy | Barnes & Thornburg | September 27, 2019 The Michigan Court of Appeals held that an arbitrator’s decision to award a contractor consequential damages on a construction lien claim warranted reversal even under the extremely narrow standard of review for arbitration awards. In reaching its decision, the court made the definitive ruling… Continue reading Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value